Sexual Preditor

Started by PatG5 • 2 replies • 1260 views

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PatG5 (Ohio)
Posts: 1

Posted:

I'm in Ohio. A member of our HOA Board assulted a woman and has been deemed a sexual preditor by the court. The woman he assulted was given a 5 year protection order against him. The assult took place next door to me and it has left me with a very un-easy feeling. I attend our HOA meetings and seeing that man sit there makes me ill. The assult occured when he was showing the unit to rent. He owns 6 units in our town house community and has been on the board many years. He doesn't live in our commuity, his properties are all rental units. And it isn't surprising that he rents to young single woman, I worry who his next victim will be.

I have been searching the net for days trying to find anything that the home owners can do to get him off our board. We tried to vote him off last Wednesday...didn't work, we were 13 votes short, so we're out going door to door getting more proxies and we'll try again next month to get him off the board. But until then is there any law/statue, anything legally that we can be done to get him off the board now!...

Thanks
pat

RichardP13 (California)
Posts: 1,767

Posted:

In California, under the Corporations Code, there is a prevision that a board may declare vacant the office of a director convicted of a felony.

Corporations Code
Corporations Code 7221. Removal of Director for Cause.

(a) The board may declare vacant the office of a director who has been declared of unsound mind by a final order of court, or convicted of a felony, or, in the case of a corporation holding assets in charitable trust, has been found by a final order or judgment of any court to have breached any duty arising as a result of Section 7238, or, if at the time a director is elected, the bylaws provide that a director may be removed for missing a specified number of board meetings, fails to attend the specified number of meetings.

(b) As provided in paragraph (3) of subdivision (c) of Section 7151, the articles or bylaws may prescribe the qualifications of the directors. The board, by a majority vote of the directors who meet all of the required qualifications to be a director, may declare vacant the office of any director who fails or ceases to meet any required qualification that was in effect at the beginning of that director's current term of office.

BrianB (California)
Posts: 2,820

Posted:

It seems like properly unseating him, through the use of your by laws, is the best and likely, the only way. Keep trying, perhaps you can convince 13 more people to see things your way.

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